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Pennsylvanian law punishes ISPs for child porn

OUT-LAW News, 21/03/2002

A law has been passed in Pennsylvania requiring ISP s to remove or block access to web sites which are identified by the state Attorney General’s office as hosting child pornography. The approach has been attacked by internet experts as being pointless and unworkable.

ISPs breaching the new law, which comes into force next month, run the risk of fines of $5,000 for a first offence, $20,000 for a second, and $30,000 for a third offence. On a third offence, officers of a guilty ISP could go to prison for up to seven years.

After an offending URL is identified by those at the Attorney General’s office it must obtain an order from the court and then has three working days in which to notify the ISP.

Critics point out that those posting child pornography to the internet tend to change the URL on a regular basis, sometimes hourly. By the time an ISP receives notification of offending material at a certain URL, the site will likely have changed location. It appears that the only party likely to suffer under the law is the ISP.

 

 

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